PLANNING AND ZONING COMMISSION by Fc7Y8yK3

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									                               PLANNING AND ZONING COMMISSION
                                  SPECIAL MEETING - MINUTES
                                     JULY 29, 2009 – 7:00 PM
                            NEW HARTFORD TOWN HALL- 530 MAIN STREET

PRESENT:      Chairman James Steadman, Dan LaPlante, Frank Misiorski, Ted Stoutenberg;
              Alternates Indrek Buttner, David Jones, and Gordon Ross; Land Use staff C.Z.E.O. Karl
              Nilsen, and Recording Secretary Stacey Sefcik.
ABSENT:       Ken Heyse.

Chairman James Steadman called the meeting to order at 7:00PM. All regular members present were
seated for the evening. Mr. Ross was seated for Mr. Heyse for all agenda items except 3A. The entire
proceedings were recorded on audio tape and are available in the Town Hall.


1)     APPROVAL OF MINUTES:
       A. July 8, 2009 regular meeting.
          The Commission agreed to table this matter to the September 9, 2009 regular meeting.


2)     PUBLIC HEARINGS:
       A. Michael Angelo’s Restaurant, Applicant – Peter Anastasopoulos, Owner – Special
          Exception for a patio within the Farmington River Overlay District and Site Plan
          Modification – 256 Main Street.
          Michael Matthews, representing the applicant, submitted proof of notice to abutting
          neighbors. Mr. Matthews explained the proposed site plan, which the Commission then
          reviewed. He noted that the application had just obtained approval from the Inland
          Wetlands Commission. Mr. Nilsen explained that the applicant planned to stack employee
          parking so as to ensure they had sufficient parking to meet Town regulations.

            Mr. Steadman opened the floor to the public, however, no one present expressed a desire
            to speak. Mr. Ross, Mr. Jones, and Mr. Steadman asked questions regarding the material
            to be used in making the patio, the fence surrounding it, and access to the patio from the
            restaurant building.

            Hearing no further questions from the Commission or the public:

            MOTION Mr. Stoutenberg, second Mr. LaPlante, to close the Public Hearing in the matter
            of Michael Angelo’s Restaurant, Applicant – Peter Anastasopoulos, Owner – Special
            Exception for a patio within the Farmington River Overlay District and Site Plan
            Modification – 256 Main Street; unanimously approved.


MOTION Mr. Stoutenberg, second Mr. Ross, to amend the agenda to discuss item 3B first;
unanimously approved.


3)     PENDING APPLICATIONS:
       B. Michael Angelo’s Restaurant, Applicant – Peter Anastasopoulos, Owner – Special
          Exception for a patio within the Farmington River Overlay District and Site Plan
          Modification – 256 Main Street.

           MOTION Mr. Stoutenberg, second Mr. Ross, to grant a special exception in the matter of
           Michael Angelo’s Restaurant, Applicant – Peter Anastasopoulos, Owner – Special
           Exception for a patio within the Farmington River Overlay District and Site Plan
           Modification – 256 Main Street per all oral and written testimony; unanimously approved.

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MOTION Mr. Stoutenberg, second Mr. Misiorski, to amend the agenda to discuss item 3C before item
3A, and then to return to the agenda as written; unanimously approved.

       C. Town of New Hartford, Waste Water Sewer Plant, Site Plan Modification, 283 Main
          Street.
          Denton Butler and Roy Litchfield from the Sewer Plant Building Oversight Committee
          addressed the Commission. Mr. Butler noted that the revised plan had just received
          approval from the Inland Wetlands Commission, and he then proceeded to explain the
          revised plans. Mr. Butler informed the Commission that some of the tanks had now been
          installed in their entirety and said that the old buildings would be demolished once the new
          plant was online.

          Mr. Butler then explained that botanists from the FRCC, MDC, and University of Connecticut
          had all concurred that the Town should leave the wetlands areas adjacent to the plant as
          they currently were due to the presence of invasive species; however, Mr. Butler stated that
          they planned to do planting on the side abutting River Run Condominiums. Mr. Nilsen
          stated that the landscaping plan would have to come back before the Planning and Zoning
          Commission.

          Mr. Misiorski stated that he had toured the site and was satisfied with the project, provided
          the Oversight Commission comes back to review the landscaping plans. Mr. Nilsen
          informed the Commission that The McGuire Group had a landscape architect that would
          work on this project.

          Paul Mahoney of the Conservation Commission, present in the audience, asked Mr.
          Steadman if he might ask a question. Mr. Mahoney asked for clarification regarding the
          decision to leave the wetlands areas undisturbed. He then asked about the possible
          plantings along the side of the plant abutting River Run Condos, and stated that one of the
          suggestions from their meeting with the FRCC was that a representative of River Run be
          involved in the landscaping planning.

          The Commission then discussed the berm and the fact that it was not useful for protection of
          the plant; however, Mr. Butler noted it would be useful in minimizing the neighbor’s view of
          the plant. Mr. Butler then explained the odor control system that would be installed as part
          of the new plant. He said that the project was due to be completed by February 2011, but
          might be finished sooner.

          Hearing no further questions or comments:

          MOTION Mr. Stoutenberg, second Mr. Misiorski, to approve the requested modifications in
          the matter of Town of New Hartford, Waste Water Sewer Plant, Site Plan Modification,
          283 Main Street with the understanding that the Sewer Plant Oversight Committee would
          submit the proposed landscaping plan for Planning and Zoning Commission approval at a
          later date; unanimously approved.

       A. Garrett Ridge Development, applicant, Tony Miano, Owner – 3-Lot Subdivision,
          including a Special Exception for 2 Interior Lots, Article VI, Section 11, “Interior Lots”
          – 47 Garrett Ridge, Assessor’s Map, 03-012-006, Lot at the end of the cul-de-sac.
          Mr. Steadman announced that Mr. Jones would be seated in place of Mr. Ross and Mr.
          Buttner would be seated for Mr. Misiorski for this matter.

          MOTION Mr. Stoutenberg, second Mr. LaPlante, TO APPROVE THE APPLICATION FOR
          GARRETT RIDGE DEVELOPMENT, APPLICANT – TONY MIANO, OWNER – 3-LOT
          RESUBDIVISION, INCLUDING A SPECIAL EXCEPTION FOR 2 INTERIOR LOTS,

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           ARTICLE VI, SECTION 11 “INTERIOR LOTS” – 47 GARRETT RIDGE, ASSESSOR’S
           MAP – 03-012-006, LOT AT END OF THE CUL-DE-SAC.

           WHEREAS, in addition to all oral and written testimony received and the said application,
           which includes the following:

           Maps and plans prepared by Harry E. Cole & Son, 28 Werking Street, PO Box 44,
           Plantsville, CT – Prepared for Garrett Ridge Estates – Section II, Garrett Ridge Court, New
           Hartford, Connecticut – Garrett Ridge Development, LLC dated 10/22/08, revised through
           6/11/09 – including the following S1.1 “Property Survey Map,” SD1.1 “Resubdivision Map,”
           C1.1 “Site Development Plan,” C2.1 “Grading Plan and Erosion & Sediment Control Plan,”
           C3.1 & C3.2 “Erosion & Sediment Control Notes,” C4.1 “Erosion & Sediment Control
           Details,” C4.2 “Construction Details”;

           And all reports from the professional advisors of the agency which have reviewed said
           application and provided written and verbal reports to the Commission on this application.
           These reports include: a letter from Martin J. Connor, AICP, Planning Consultant, dated July
           1, 2009, and a letter from Lenard Engineering, LLC dated June 30, 2009.                  All
           recommendations in these reports are to be made part of the plans and followed.

           WHEREAS, the Planning and Zoning Commission of the Town of New Hartford convened
           and completed a public hearing on this application;

           NOW THEREFORE BE IT RESOLVED by the Planning and Zoning Commission of the
           Town of New Hartford as follows:

           The aforementioned application GARRETT RIDGE DEVELOPMENT, APPLICANT – TONY
           MIANO, OWNER – 3-LOT RESUBDIVISION, INCLUDING A SPECIAL EXCEPTION FOR 2
           INTERIOR LOTS, ARTICLE VI, SECTION 11 “INTERIOR LOTS” – 47 GARRETT RIDGE,
           ASSESSOR’S MAP – 03-012-006, LOT AT END OF THE CUL-DE-SAC is approved with
           the following WAIVERS AND CONDITIONS:

           WAIVERS:
           1) Article VI, Section 11, item 1A (interior width), in respect to lots 14 and 15.

           CONDITIONS:
           1) The formation of a Homeowner’s Association be on a form and in a manner acceptable
              by the Town Attorney.
           2) A conservation easement be established as per the plans and in a manner acceptable
              to the Town Attorney.

           IN FAVOR:           Mr. Steadman, Mr. Buttner, Mr. Jones, Mr. LaPlante, Mr. Stoutenberg
           OPPOSED:            None.
           ABSTENTIONS:        None.

           The motion was unanimously approved.

Mr. Ross and Mr. Misiorski were then reseated for the rest of the meeting.

       D. Proposed amendment to Zoning regulations, New Article VI Section 5.2c, Signs.
          The Commission agreed to continue this matter to the September 9, 2009 regular meeting.



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4)     NEW BUSINESS:
       A. Town of New Hartford, Owner – Recreation Commission, Applicant – Stock Piling of
          Gravel for Future Town Use, Brodie South, Niles Road, Assessor’s Map 17/37/09.
          Mr. Nilsen informed the Commission that the applicant had withdrawn this application.

       B. Wendy Penn/New Hartford Sk8 Commission, Applicant – Town of New Hartford,
          Owner – Site Plan Modification for Skate Park, 580 West Hill Road, Brodie Park.
          Mr. Nilsen informed the Commission that the applicant had requested this matter be
          continued to the September 9, 2009 regular meeting.

       C. Robert DiLeo and RWD Holdings, applicant/owner – Stag Mountain – 5-year extension
          to complete improvements. Subdivision expires August 13, 2009.

          MOTION Mr. Stoutenberg, second Mr. Ross, to grant a 5-year extension to the applicant in
          the matter of Robert DiLeo and RWD Holdings, applicant/owner – Stag Mountain – 5-
          year extension to complete improvements; unanimously approved.


5)     OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION:
       A. Update on the Selection Process for a New Town Attorney.
          Mr. Nilsen and Mr. Steadman reported to the Commission on the progress of the selection
          process for a new Town Attorney. They discussed each candidate and suggested topics for
          future discussion with each candidate. Mr. Nilsen encouraged the members of the
          Commission to review the submitted resumes.

       B. Draft Zoning Regulations Available for Commission Review.
          Mr. Nilsen verified that all Commission members received the most recent copy of draft
          zoning regulations from Planimetrics. The Commission agreed to review them during the
          August break and discuss them at the September regular meeting.


MOTION Mr. Misiorski, second Mr. Stoutenberg, to adjourn at 7:55PM; unanimously approved.

Respectfully submitted,
Stacey M. Sefcik




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